Court No. - 80
Case :- APPLICATION U/S 482 No. - 6906 of 2021 Applicant :- Pankaj Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Irshad Ahmad,Braham Singh,Sushil Kumar Tewari Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed with the prayer to quash the summoning order dated 04.11.2020 as well as entire proceedings of Sessions Trial No. 185 of 2020 (State Vs. Rinku @ Sumit and others), arising out of Case Crime No. 139 of 2020, under Sections 363, 366, 376-D IPC and Section 3/4 of POCSO Act, Police Station Asmauli, District Sambhal, pending in the court of Additional Sessions Judge/ Special Judge (POCSO Act), Sambhal at Chandausi.
At the very outset, learned counsel for the applicant has submitted that he does not want to press other prayers made in the prayer clause and has only made a prayer for expeditious disposal of his bail application in view of law laid down in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
Considering the prayer of the applicant, it is directed that if the applicant appears before the court below and applies for bail within one month from today, his prayer for bail shall be considered and decided as expeditiously as possible in accordance with law.
For a period of one month from today or till the applicant appears and applies for bail, whichever is earlier, no coercive action shall be taken against him. However in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid observations, this application under Section 482 CrPC is finally disposed of.
Order Date :- 16.8.2021 Nadim